Graphics Promo Logo, a graphic design company

Graphics Promo: Terms and

Conditions of Use

Welcome to Graphics Promo. By joining the contract with Graphics Promo you have agreed to comply with the legal terms and conditions. Therefore you are requested to read these carefully. If you think that you do not agree with these terms and conditions then you should not use our services. Graphics Promo can alter these terms and conditions at any point in time it feels like. Hence it is your responsibility to visit this page regularly to keep yourself up to date with all the latest changes. These terms and conditions apply to all the services, text, images, data and all other content on Graphics Promo.
You agree that you have read the terms and conditions and notify that Graphics Promo has the right to cancel, refuse and reject any order that acts against/ violates our terms and conditions. The scope of rejection also includes all projects and contents that are illegal, defamatory, obscene, incites hatred be it religious, racial or ethnic. If any such activity is caught or is brought in to our notice that violates our terms and conditions in any manner what so ever then Graphics Promo preserves the right to take the matter to proper concerned authorities.

You agree that Graphics Promo holds the right to disclose your account information and content if ordered by law or in good faith if it is deemed necessary to: (a) adhere to the legal process requirements (b) to enforce Terms and Conditions; (c) inquire the claims regarding violation of rights of third parties; (d) to answer your queries in relation to customer service; (e) to safeguard the right and property of Graphics Promo, its customers and public in general.

Graphics Promo holds the rights to change, amend, edit and modify the clauses in Terms and Conditions at any point in time without giving a prior notice. Thus it is your responsibility to keep yourself up to date with the latest changes by viewing Terms and conditions regularly. You accept and adhere that Graphics Promo shall not in any case to liable to you or any third party for any kind of changes made by Graphics Promo to these Terms and Conditions be that modification of any clause, discontinuance of any clause or amendment in any portion of these Terms and Conditions.

Graphics Promo Technicalities

Colors: Graphics Promo uses CMYK as a default color model format for all the logos. If you wish to change the color format for your project then you must do so at the start of your project and it will be subject to additional charges.

File Format: The format for the source file is (CDR). Other formats to be sent will include .tiff, .jpg, .eps, .pdf, .gif. Additional formats can be provided upon request.

(a) Description: Graphics Promo provides online service to individuals or entities that have registered with Graphics Promo as clients. A client provides project description and assignment task to be carried out including illustrative samples via creative brief. Graphics Promo will provide you with service in accordance with your selected package.

(b) Creative Brief and Responses: You as a client will be responsible to provide us with all the details necessary for the completion of your order. In case if you require any changes in your brief then you can do so via contact us form. Graphics Promo is under no obligation to go through the revisions for any purpose be it clarity, complete information or accuracy therefore it is advised to fill in the creative form with full attention and submit details carefully. Graphics Promo has the right to deny your revised brief.
(c) Reviewing Responses: When Graphics Promo sends you a response; you shall be responsible for reviewing those responses. If you fail to inform Graphics Promo promptly then it shall be considered that you have accepted the response. If you think that the response is not reasonable then you need to reply back in writing via contact us form. Graphics Promo is not responsible for the content of responses developed to the extent that such responses are prepared to conform in accordance with your original creative brief.
(d) Revision Cycles: the purpose of revision process is to make sure that the project is headed in its desired direction. In the first and second round of revisions, you are eligible to request significant changes but by the third revision onwards, your request shall be restricted to modifications in the current composition only.

Eligibility, Access, Use and Service

(a) Eligibility Requirements. In order to become a client, you must be at least 18 years old provided that you agree to fully comply with the Terms and conditions ™ and Graphics Promo privacy policy. When you register as a client you notify that you meet these criteria and the information submitted from your side during the registration process is completely accurate and that you have bound yourself to comply with these Terms and Conditions. Graphics Promo in its sole discretion holds the right to accept or reject your registration.
(b) Authorization to Use; Registered users have the freedom to access and use our services as long as you comply with the Terms and Conditions and policies and procedures of Graphics Promo. You are eligible to take advantage of special prices only if you sign in as an authorized user. Any use of the website is at your own risk and responsibility.
(c) Prohibited Uses: Unless expressly permitted in Terms and Conditions, you must not display or print the website and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Further you agree to adhere with all the applicable laws (including but not limited to any connected export controls) with regards to the use of the service along with such limitations as set forth by Graphics Promo. You also agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of Graphics Promo; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from Graphics Promo on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.

(d) Web Site Security: You are strictly prohibited from violating or making an attempt to violate the security system of the website. This includes but is not confined to (i) trying or accessing data that is not intended for you or logging in to a server or account for which you are not authorized to access in any case; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of security network could result in civil or criminal charges for which you shall be held liable. Graphics Promo will fully investigate such incidences that might involve commitment of such crime or violation of conditions and will work alongside law enforcing agencies in order to capture and prosecute users that are involved in such acts. Graphics Promo reserves the right to review the postings on the website, to remove any postings along with your ability to communicate, or post at the website at any point in time as it feel like. Graphics Promo holds the right to disclose your information if applicable by law requiring legal proceeding or at the request of the government authorities.
(e) Operation of Web Site: Graphics Promo shall not be held responsible for any delays or interruptions of, errors or omissions contained in the web site. Graphics Promo reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although at times Graphics Promo intends to use commercially reasonable efforts in order to make the web site and service accessible, Graphics Promo makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Graphics Promo may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Graphics Promo shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

Refund, Cancellation & VAT/Tax Policy

A project shall not be subject to refund in any event if the initial concepts are approved or revisions have been requested in the initial concept. Also you shall not be subject to any refund if Graphics Promo cancels or terminates your contract for a reason other than your breach or non-performance.
Graphics Promo shall refund your money if you make such a request at the time when your initial logo concepts are shown to you. If you approve your concepts or request revisions then you become ineligible for the refund. Same rule applies for multiple service packages. If you order a package including both logo and website then you can ask for a refund when you view your initial concept only. If you approve your logo concept and we move on to website design, then you can request your money back for website service only after viewing your initial concepts and thus shall be entitled for refund for web design service only. Graphics Promo reserves the right to determine the cost of a single service in a multiple package that shall be subject to refund.
We offer you 100% money back but they are subject to a minimum administration fees. A refund request must have a valid and justifiable reason which shall be weighed against your creative brief and the logo designed. If a concept has not been designed in accordance with the brief then you are entitled for refund but for any other reason a refund will not be provided however you shall be provided with revisions to ensure your satisfaction. Money back guarantee is based on that the order is placed in good faith. Where a customer has placed design orders with more than one design agency for the same job, with the intention to claim refund from one of them, we do not consider it a good faith. In such a case we reserve the right to decline a refund. Almost all design jobs require customer feedback before finalizing the design therefore it is only fair that the customer gives feedback in order to get the desired results

You can cancel your order 24 hours before the delivery date at no cost. Cancellation of orders within 16 hours and 24 hours delivery service, is subject to a minimum Administration Fee of $200.00. Where order value is less than $200.00, the order value will be deemed as the Administration Fee. Cancellations are accepted by an application describing reasons for the cancellation.

Ownership; Rights to Use

(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between Graphics Promo and you, Graphics Promo will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of Graphics Promo, including "Graphics Promo", without the prior written consent of Graphics Promo, as determined in its sole discretion, for each such use.

(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Graphics Promo and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.

(c) Rights of Graphics Promo. Upon your submission of Client Information to the Service, you grant Graphics Promo and its agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.

(d) Rights of Clients: You shall have the right in accordance with the Terms and Conditions to own the final version of your product made by Graphics Promo. You shall however not be entitled for ownership of any material or content made during the revision process. You acknowledge that you shall provide Graphics Promo a royalty free, irrevocable exclusive worldwide right to use your creative brief, responses and the final product for internal and archival purposes, in order to promote the services of Graphics Promo. Graphics Promo retains the rights to all the design concepts and other contents that were not selected by you. Your ownership rights are only limited to the final product selected by you. You also adhere that Graphics Promo will have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that Graphics Promo shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall Graphics Promo be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

5. Nondisclosure and Privacy

Graphics Promo privacy policy may change at any time at its sole discretion. Graphics Promo does not take any responsibility for any kind of information submitted on the website or misuse of any information provided by you or any other person or if any of the information is accessed by a hacker or by any other malicious act.

Disclaimers; Indemnification; Limitations of Liability

(a) Responsibility for Content. Graphics Promo shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Graphics Promo makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Graphics Promo or otherwise, nor does Graphics Promo endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Graphics Promo makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.

(b) Links to Third-Party Services: Graphics Promo website may contain links directed at other websites or other services. These links are not under the control of Graphics Promo. Graphics Promo is not responsible for any such links and their content along with any changes or updates made in such content. These links are placed simply to facilitate the users. When you access such links, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." GRAPHICS PROMO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. GRAPHICS PROMO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GRAPHICS PROMO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GRAPHICS PROMO OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

(d) Release from Claims. The Service serves solely as a venue for the creation of work and Graphics Promo does not regularly screen or censor any information or material posted to the Web Site. Although Graphics Promo makes commercially reasonable efforts to determine the identity of Clients, Graphics Promo cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because Graphics Promo does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release Graphics Promo (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

(e) Indemnification. You hereby agree to defend, indemnify and hold harmless Graphics Promo and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.

(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF GRAPHICS PROMO OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. GRAPHICS PROMO TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO GRAPHICS PROMO FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Graphics Promo has complete right constitute policy and judge what is considered the violation of such policy. In the event of violation of such policy, Graphics Promo has the sole authority to take appropriate action and Graphics Promo shall not be responsible for any of your damages occurring as a consequence of the action taken by Graphics Promo to protect itself from those that seek to harm Graphics Promo.

Acceptable Use Policy

You should use all services provided by Graphics Promo for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. By using any Services, provided by Graphics Promo You agree:

  • Not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • Not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • Not to make, attempt or allow any unauthorized access to Graphics Promo website, servers, your own hosting account or the account of any other customers of Graphics Promo.
  • Not to allow any remote code execution of malicious software through the hosting account provided by Graphics Promo.
  • Not to cause denial of service attacks, port scans or other endangering and invasive procedures against Graphics Promo servers and facilities or the servers and facilities of other network hosts or Internet users.
  • Not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • Not to use Graphics Promo services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • Not to upload unacceptable material which include: IRC bots, proxy scripts, warez, image, file dump, mirror, or banner-ad services, top sites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • Not to engage in or to instigate actions that cause harm to Graphics Promo or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc.

Graphics Promo holds the right to refuse service to anyone. Any material which is considered to be threatening or obscene by Graphics Promo shall be removed immediately from Graphics Promo servers without any prior notice and may also lead to suspension or termination of account without giving any refund.
Graphics Promo has the right to terminate any account that has been suspended for more than 14 calendar days and has still not be clarified from the initial threads or possible breach of Terms and conditions. After the passage of 14 days, all backup copies shall be permanently erased with no refund.

E-mail and Anti-spam Policy

You are prohibited from:

  • sending unsolicited bulk messages over the internet;
  • creating websites intended or likely to promote the your affiliated websites or to increase the ranking of any associated sites in the search engines;
  • sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.

Security and Storage

Graphics Promo shall not in any orders. In the event that an error occurs the account holder must notify Graphics Promo immediately of the error. In no event shall Graphics Promo be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Billing and Payment: All fees for the Services shall be in accordance with Graphics Promo's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Vouchers shall be sent to your email accounts along with notices in the 12th month of your hosting service. You shall have until the 5th of the first month in which your hosting has to be renewed to pay the regular charges which amount up to $19.99 for the year. After 5th you shall have to pay a late penalty of $10 along with the normal fees. In the event that any amount due Graphics Promo remains unpaid fourteen (14) days after such payment is due, Graphics Promo, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by you. This cost is exclusive of maintenance charges which shall be paid up depending upon the case in point.
Termination & Cancellation Policy: The terms of your agreement with Graphics Promo shall be as set forth in your Order Form. After the Initial Term which is free, your agreement with Graphics Promo shall automatically renew upon the payment of your fees, unless terminated or cancelled by either party. In any case Graphics Promo will not be liable to refund any payment.
This agreement may be terminated: (i) by You by submitting a request at least two weeks before the account is due to renew; and (ii) by Graphics Promo at any time, without prior notice, if, in Graphics Promo's™ judgment, you are in violation of any term or condition herein, or in Graphics Promo's™ sole judgment, your use of the Services places or is likely to place unreasonable demands upon Graphics Promo or could disrupt Graphics Promo's™ business operations.

Limitation of Liability; Waiver and Release: You agree that no Graphics Promo Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Graphics Promo at the time) which may exist in the Services or Graphics Promo’s equipment used to provide the Services.
Under no circumstances, including negligence, shall any Graphics Promo Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if Graphics Promo has been advised of the possibility of such damages. No Graphics Promo Person shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, Graphics Promo's maximum liability under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.
You understand, acknowledge and agree that if Graphics Promo takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that Graphics Promo shall have no liability to you, any of your customers due to such corrective action by Graphics Promo.
You agree that any notice sent to you by Graphics Promo shall be considered as delivered to the information that is provided by you.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Graphics Promo shall not be liable for failure or delay in performing it obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services